Article 5 — Revisions To Approved Plans

Requests by the subdivider or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or authorized representative and shall be accompanied by revised drawings showing the proposed revision. If the revision is acceptable, the originals shall be submitted to the City Engineer's office for initialing. The originals shall be returned to the subdivider's engineer, and the revised plans shall be immediately transmitted to the City Engineer. The construction of any proposed revision shall not be permitted to commence until the revised plans have been received and forwarded to the Permits and Inspections Division. Reproducible "as-built" drawings shall be provided to the City upon the completion of the project before the filing of the notice of completion.

When revisions are deemed necessary by the City Engineer to protect the public health and safety, or as field conditions may require, a request in writing shall be made to the subdivider and engineer. The subdivider's engineer shall revise the plans and transmit the originals to the City Engineer for initialing within the specified by the City Engineer.

Upon the receipt of the initialed originals, the subdivider's engineer shall immediately transmit revised drawings to the City Engineer. The construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted.

The subdivider may appeal revisions required by the City Engineer as provided by Title 1, Chapter 4 of this Code.

(866-CS, Amended, 02/09/1995)

Costs incurred by the City for the checking of plans or calculations or inspections as a result of substantial revisions to the approved plans shall be borne by the subdivider at a cost as determined by resolution. A deposit, when required, shall be submitted with the revised prints and applied toward the actual costs.

The improvement agreement shall be prepared and signed by the City Manager and approved as to form by the City Attorney. The agreement shall provide for:

• (a) The construction of all improvements according to the approved plans and specifications on file with the City Engineer;

• (b) The completion of improvements within the time specified by Article 9 of this chapter;

• (c) The right of the City to modify plans and specifications;

• (d) The warranty by the subdivider that construction will not adversely affect any portion of adjacent properties;

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City of Turlock, CA

SUBDIVISIONS

§ 11-8-504

§ 11-8-504

• (e) The payment of inspection fees in accordance with the City's resolution establishing fees and charges;

• (f) The payment of in-lieu fees for park land dedications;

• (g) The payment of drainage district or area fees;

• (h) Improvement security as required by this chapter;

• (i) The maintenance and repair of any defects or failures and causes thereof;

• (j) The release of the City from all liability incurred by the development and the payment of all reasonable attorneys' fees which the City may incur because of any legal action arising from the development;

• (k) Any other deposits, fees, or conditions as required by City laws and as may be required by the City Engineer; and

• (l) Waivers with acceptance by the signature of the City Engineer if parcel improvements are under Five Thousand and no/100ths ($5,000.00) Dollars.

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City of Turlock, CA § 11-8-601

SUBDIVISIONS

Any improvement agreement, contract, or act required or authorized by the Subdivision Map Act for which security is required shall be secured in accordance with Section 66499 of the Subdivision Map Act and as provided in this article.

No final map or parcel map shall be signed by the City Engineer or recorded until all improvement securities required by this article have been received and approved.

The form of security shall be one or the combination of the following at the option and subject to the approval of the City. The security shall remain on deposit in full until released by the City:

• (a) A bond or bonds by one or more duly authorized corporate sureties;

• (b) A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public moneys; and

• (c) An instrument of credit from one or more financial institutions subject to regulation by the State or Federal government pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment.

• The provisions of the bond or bonds shall be in accordance with Section 66499.1 and 66499.2 of the Subdivision Map Act.

A performance bond or security in the amount of one hundred (100%) percent of the estimated construction cost to guarantee the installation of survey monuments, lot corners, and construction staking by the engineer shall be required for all subdivisions. An additional amount of fifty (50%) percent of the estimated construction costs shall be required to guarantee the payment to the subdivider's contractor, subcontractors, and persons furnishing labor, materials, or equipment for the construction or installation of improvements.

The estimate of improvement costs shall be as approved by the City Engineer and shall provide for:

• (a) Not less then five (5%) percent nor more than ten (10%) percent of the total construction costs for contingencies;

• (b) An increase for projected inflation computed to the estimated mid-point of construction; and

• (c) In addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred in enforcing the obligation secured.

The subdivider shall deposit with the City an amount to be determined by a formula set by the Council. The deposit may be used at the discretion of the City to correct deficiencies

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City of Turlock, CA

SUBDIVISIONS

§ 11-8-604

§ 11-8-606

and conditions caused by the subdivider or contractor which may arise during or after the construction of the subdivision. Any unexpended amount shall be returned to the subdivider at the time all bonds are released.

Before the final acceptance of the subdivision improvements by the City, the subdivider shall provide security in an amount as required by the City Engineer to guarantee the improvements throughout the warranty period. The amount of the warranty security shall be not less than ten (10%) percent of the costs of the construction of the improvements, including the cash bond which shall be retained for the one-year warranty period.

If the monuments are not to be set at the time the map is recorded, but will be set at a future date as specified and certified to by the engineer or surveyor, the subdivider shall post a separate security guaranteeing the payment of the cost of setting the monuments. The engineer or surveyor shall notify the subdivider and City Engineer within five (5) days after setting the monuments that the monuments have been set. The subdivider shall pay the engineer or surveyor for the cost of setting the monuments within three (3) months after the date of notification by the engineer or surveyor. If the subdivider does not pay the engineer or surveyor within three (3) months, the City shall pay the engineer or surveyor from the security and refund the difference, if any, to the subdivider.

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City of Turlock, CA

SUBDIVISIONS

§ 11-8-701

§ 11-8-704

Article 7

Release Of Improvement Security

The performance security shall be released only upon the acceptance of the improvements by the City and when an approved warranty security has been filed with the City Engineer. If warranty security is not submitted, the performance security shall be released twelve (12) months after the acceptance of the improvements and correction of all warranty deficiencies.

Security given to secure payment to the contractor, subcontractors, and persons furnishing labor, materials, or equipment, six (6) months after the completion and acceptance of the improvements by the Council, may be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

The warranty security shall be released upon the satisfactory completion of the warranty period provided:

• (a) All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected; and

• (b) Not less than twelve (12) months have elapsed since the acceptance of the improvements by the Council.

The construction methods and materials for all improvements shall conform to the Standard Plans and Specifications of the City. The General Provisions of the Standards Specifications of the City shall apply to the subdivider where applicable.

Construction shall not commence until the required improvement plans have been approved by the City Engineer.

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City of Turlock, CA

SUBDIVISIONS

§ 11-8-801

§ 11-8-804

Article 8 Construction Inspections

All improvements shall be subject to inspection by the Permits and Inspections Division in accordance with the Standard Specifications of the City.

Prior to commencing any construction, the subdivider may arrange for a pre-construction conference with the City Engineer.

Upon the completion of the subdivision improvements, the developer shall apply in writing to the Permits and Inspections Division for a preliminary final inspection. The Division shall schedule a preliminary final inspection.

A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items is excessive or the subdivision appears incomplete, the preliminary final inspection may be halted and rescheduled on a date as determined by the Division.

When the preliminary final inspection has been completed, a copy of the deficiency list shall be transmitted to the subdivider for correction.

Upon having completed all corrections or additional work as outlined by the deficiency list, the subdivider shall certify in writing that all the corrections have been completed satisfactorily and request a final inspection. The Permits and Inspections Division shall then make a final inspection.

Upon finding that all items on the deficiency list have been corrected and the receipt of as-built improvement plans, the subdivision shall be placed on the Council agenda for acceptance.

Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the contractor shall keep the work site free from rubbish and debris. The contractor shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods.

When required by the plans or by request of the inspector, the contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day to keep paved areas acceptably clean wherever construction, including restoration, is incomplete.

Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection, the entire work site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactorily clean and neat appearance.

Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed

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City of Turlock, CA § 11-8-804

TURLOCK CODE

Excess excavated material from catchbasins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill. Forms and form lumber shall be removed from the site as soon as practicable after stripping.

Earth dams will not be permitted at catchbasin openings, local depressions or elsewhere, except in times of emergency. Temporary dams of sand bags, asphaltic concrete, or other acceptable material may be permitted when necessary to protect the work, provided their use does not create a hazard to the public. Such dams shall be removed form the site as soon as their use is no longer necessary.

Failure of the contractor to comply with the engineer's cleanup orders may result in an order to suspended work until the condition is corrected.

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City of Turlock, CA

SUBDIVISIONS

§ 11-8-901

§ 11-8-903